No. 97-1704.

527 U.S. 815 (1999)

ORTIZ et al. v. FIBREBOARD CORP. et al.

United States Supreme Court.

Decided June 23, 1999.

Attorney(s) appearing for the Case

Laurence H. Tribe argued the cause for petitioners. With him on the briefs were Brian Koukoutchos, Jonathan S. Massey, Frederick M. Baron, Brent M. Rosenthal, and Steve Baughman.

Elihu Inselbuch argued the cause for respondents. With him on the brief for respondents Ahearn et al. were Peter Van N. Lockwood, Joseph B. Cox, Jr., Joseph F. Rice, Steven Kazan, and Harry F. Wartnick. Herbert M. Wachtell, Paul J. Bschorr, Richard B. Sypher, Kelly C. Wooster, Stephen M. Snyder, William R. Irwin, Rodney L. Eshelman, Donald T. Ramsey, Stuart Philip Ross, Sean M. Hanifan, Merril J. Hirsh, and Michael E. Jones filed a brief for respondents Continental Casualty Co. et al.*

Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Kennedy, Thomas, and Ginsburg, JJ., joined. Rehnquist, C. J., filed a concurring opinion, in which Scalia and Kennedy, JJ., joined, p. 865. Breyer, J., filed a dissenting opinion, in which Stevens, J., joined, p. 865.

Justice Souter, delivered the opinion of the Court.

This case turns on the conditions for certifying a mandatory settlement class on a limited fund theory under Federal Rule of Civil Procedure 23(b)(1)(B). We hold that applicants for contested certification on this rationale must show that the fund is limited by more than the agreement of the parties, and has been allocated to claimants belonging within the class by a process...


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